Plaintiff’s father and mother divorced in 1955. The child’s mother was awarded custody. In September 1957 plaintiff’s father filed an application for social security disability insurance benefits. His claim was denied through several levels of appeals and after a hearing. He then appealed to federal district court.

In September 1958 the Social Security Act was amended to allow for benefits for a child based on the earnings record of a disabled parent.

Upon reading an article about this amendment in November 1958, the plaintiff’s mother went to her local social security office and inquired about child’s social security benefits. A worker at the office told her that, as far as social security was concerned, there were no benefits available to the child because his father’s disability case had been denied.

The child’s father prevailed on his disability claim in federal district court and was awarded benefits. In June of 1960 he went to his local social security office and made a written inquiry about child’s benefits.

On August 11, 1960 the Plaintiff’s mother filed a written application for child’s benefits on behalf of her son.

Social Security law provides that an application for child’s benefits must be in writing. It also provides that benefits can be paid retroactively for up to 12 months prior to an application. The mother contended that the child should be entitled to benefits beginning in September 1958 when the amendment went into effect. She based her claim on the fact that she inquired about child’s benefits in November 1958, but was prevented from filing a written application by the worker who told her the child was not entitled to benefits.

The federal district court in Wisconsin upheld social security’s decision that a verbal expression of intent to file an application is insufficient to constitute the filing date of an application. However, the child’s father’s written inquiry in June 1960 could be used as the application’s filing date.

Held: Plaintiff was entitled to child’s social security benefits based on his disabled father’s earnings record beginning July 1959.

See Smalz v. Ribicoff, W.D. of Mo., W.Div. (Civil No. 13686 09/27/62) (CCH UIR-I Fed. Par. 14,623). See also Social Security Ruling (SSR) 63-37c.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.